NDF consultant
Eduardo Sarmiento’s conviction a violation of JASIG – Karapatan
By KARAPATAN
December 12, 2013
QUEZON CITY – Peace consultant Eduardo Sarmiento was sentenced to 20
to 40 years imprisonment by Judge Myra Bayot Quiambo of the Muntinlupa
Regional Trial Court (RTC) Branch 203, yesterday, December 11, on the
basis of trumped up criminal charge of illegal possession of firearms
and explosives.
“Sarmiento’s arrest, detention and subsequent conviction demonstrate
the BS Aquino’s outright disregard of the peace negotiations. It shows
how the government resort to criminalization of political acts to
justify attacks on human rights against those it perceives as its
enemy. It highlights the government’s bias against those who uphold
the people’s rights and those who plunder the nation’s coffers like
Napoles and those who perpetrate rights violations like Gloria Arroyo,
and generals Eduardo Ano and Lacson,” said Karapatan secretary general
Cristina Palabay.
“Sarmiento should have been released as early as 2011, had the Aquino
government fulfilled its commitment, contained in the February 2011
Oslo GPH-NDFP Joint Statement, to release ‘most, if not all, political
prisoners’. In fact, Sarmiento should have not been arrested at all,”
added Palabay.
As a consultant to the peace process, he is covered by the Joint
Agreement on Safety and Immunity Guarantees (JASIG) between the GPH
and the NDFP, an agreement signed in 1995. Sarmiento has been involved
in the peace negotiations between the government and the NDFP since
1986, representing the Eastern Visayas region.
“Also, Sarmiento’s arrest on February 24, 2009 was faulty because it
was warrantless and it is not unusual for the State forces to plant
“evidence” to justify arrest. It has always been their SOP,
victimizing not just activists,” said Palabay.
Sarmiento’s arresting officers claimed they had with them two warrants
of arrest for arson and for multiple murder and multiple frustrated
murder issued by the Catbalogan Regional Trial Court Branch 29 and of
the Municipal Trial Court of Paranas, Samar, respectively. Sarmiento
was later charged with illegal possession of firearms and explosives
for allegedly carrying a brown bag with one fragmentation grenade.
Sarmiento had a P2 million bounty on his head which was supposedly
awarded to an informant. At the time of his arrest, Sarmiento was in
Manila for consultations. He was abducted near a mall in Alabang,
Muntinlupa by joint elements of from the army intelligence and the
PNP-Criminal Investigation and Detection Group (CIDG). He was tortured
and held incommunicado for a week before the AFP announced his arrest.
Sarmiento has been detained for four years at the PNP Custodial Center
at Camp Crame in Quezon City. He may be transferred to the National
Bilibid Prison in Muntinlupa. His legal counsels are due to appeal his
case before the RTC.
“The Aquino government is showing signs that it can no longer defend
its acts before the people. The refusal to go back to the negotiating
table, the attacks against human rights and human rights defenders,
the criminalization of political acts is an admission of desperation,
‘gawain ito ng mga nasusukol na.’ It’s time the BS Aquino government
face his accountability to the people,” ended Palabay.